Perez v. County of San Mateo

The opinion of the court was delivered by: Jeremy Fogel United States District Judge

ORDER OF DISMISSAL

Plaintiff, a California inmate, filed a civil rights complaint under 42 U.S.C. 20 § 1983. Plaintiff has also filed an application to proceed in forma pauperis. (Docket No. 2.) Plaintiff's complaint is identical to a complaint filed prior to this action which is currently pending before the Honorable Judge Thelton E. Henderson: Case No. C 08-03290 TEH (PR). A complaint that merely repeats pending or previously litigated claims may be dismissed under the authority of 28 U.S.C. § 25 1915. Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). This action is duplicative of an earlier complaint filed in this Court that is currently pending. As such, Plaintiff's complaint is DISMISSED as duplicative and for failure to state a claim for relief.

Order of Dismissal

For the foregoing reasons, Plaintiff's action is DISMISSED for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915A. The Clerk of Court shall terminate all pending motions, enter judgment and close the file.

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.